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Sex sting defendant conviction overturned in part

Jesse Hollett
Posted 6/22/16

TALLAHASSEE – The 1st District Court of Appeal has reversed a conviction of a Jacksonville man sentenced to eight years in prison for his role in a 2013 children’s sex crimes sting.

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Sex sting defendant conviction overturned in part


Posted

TALLAHASSEE – The 1st District Court of Appeal has reversed a conviction of a Jacksonville man sentenced to eight years in prison for his role in a 2013 children’s sex crimes sting.

Acting on recommendation from the Florida Supreme Court, the 1st District Court of Appeal reversed Jared Peter Snow’s December 2014 conviction of using a computer service to solicit a child to engage in sexual conduct. Snow was one of 17 people arrested by the Clay County Sheriff’s Office in a sting conducted over a five-day period in October 13, 2013.

According to the appeal court document filed June 21, Snow’s case was taken up a second time by the 1st DCA after the Florida Supreme Court sent the case back to the lower court. Snow was originally charged with one count each of traveling to meet a minor to do unlawful acts, unlawful use of a two-way communications device and solicitation of a child to engage in sexual conduct. During his first appeal to the DCA, Snow argued that he should not have to undergo five years of sex offender probation – a part of his sentence – because of an error in the sentencing phase of his trial.

“Those conditions not orally pronounced at sentencing must be stricken because double jeopardy principles prevent them from being imposed at resentencing,” state the April DCA ruling.

The judge ordered Snow to five years of sex offender probation, a forced curfew and sex offender therapy along with court fees and be registered as a sex offender.

Courts shot down his March 2015 appeal, which claimed a reverse of conviction was necessary because of double jeopardy. The court document said that certain Florida statutes state a clear legislative intent to punish the offenses separately, but acknowledged that sister courts have issued opposing opinions on many cases.

“Operation Wrong Destination” had officers impersonating minors visiting popular online chat rooms, forums and e-commerce sites in an attempt to entice perpetrators to solicit sex from them.

Snow was one of 17 arrested during the 2013 five-day sting spearheaded by CCSO and carried out by 50 officers and agents from 10 law enforcement agencies from six counties. Officers arrested the perpetrators upon arrival, some who traveled from as far away as Pennsylvania to have sex with who they thought was a minor.

A similar operation in 2012, dubbed “Operation Don’t Play in Clay,” resulted in 19 arrests, each with convictions of traveling to meet a minor for sex, a second degree felony, and unlawful use of a two-way communication device, a third degree felony.

Parts of Snow’s case will now head back to the Circuit court for action.

“Accordingly, we reverse and remand to the trial court with directions to vacate Appelant’s ‘conviction and sentence for the lesser offense should be vacacted’,” states the ruling. “Accordingly, we reverse and remand to the trial court with directions to vacate Appelant’s conviction and sentence for the lesser offense of using a computer service to solicit a child to engage in sexual conduct …”